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EPSTEIN v. MCA, INC.

No. 92-55675.

179 F.3d 641 (1999)

Lawrence EPSTEIN; John Linder; Jane Rockford, as trustee of the Michael J. Rockford Trust; Maurice Karlin; Ruth Karlin; Beth Ann Karlin; Bert P. Karlin, Plaintiffs-Appellants, v. MCA, INC.; Matsushita Acquisition Corporation; Matsushita Electric Industrial Co., Ltd.; Matsushita Holding Corporation; Lew Wasserman; Sidney J. Sheinberg, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 1997.

Petition for Rehearing Granted June 8, 1998.

Reargued and Resubmitted August 21, 1998.

Opinion Withdrawn June 7, 1999.

Filed June 7, 1999.

Attorney(s) appearing for the Case

Henry P. Monaghan (argued), Kaufman & Kirby, New York, New York; Roger W. Kirby, Kaufman Malchman Kirby & Squire, New York, New York, for the plaintiffs-appellants.

Barry R. Ostrager (argued), Simpson Thacher & Bartlett, New York, New York, for the defendants-appellees.

Before: WIGGINS, O'SCANNLAIN, and THOMAS, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge WIGGINS; Dissent by Judge THOMAS.

ORDER

The opinion filed on October 22, 1997, and reported at 126 F.3d 1235 (9th Cir.1997), is withdrawn, and the attached opinion filed in its place.

OPINION

O'SCANNLAIN, Circuit Judge:

We reconsider our decision in this case which is still before us on remand from the United States Supreme Court.

In 1992...

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